Powerpoint - University of Alberta - Edmonton_ Alberta_ Canada by gjjur4356

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									Student Judicial Affairs
     Conference
  Student Discipline: How to
   Prepare Written Reasons



      Katrina Haymond
       March 24, 2006
Supreme Court of Canada confirmed
that administrative decision makers
   must provide written reasons
 • Baker v. Canada (1999)
 • Law Society of New Brunswick v. Ryan
   (2003)
 Are written reasons required
for decision made with respect
     to student discipline?
• Requirement for reasons may be
  established in Code of Conduct
• Even if no express requirement, reasons
  are now a common law requirement
  Public policy reasons for
    requiring “reasons”
– Fairness to individual affected by
  proceedings
– Builds confidence in process
– Creates guidelines for other cases
– Protects decision from being overturned on
  review or appeal (e.g. Mpega v. Universite
 de Moncton)
  What happens if adequate
  reasons are not provided?
• Handout: “Case from 1976 Leads to
 Teacher’s Suspension”
   Good reasons arise from an
effective decision making process
•   Don’t jump to conclusions
•   Listen to evidence
•   Identify key issues
•   Review specific allegations
•   Examine specific allegation to determine if
    there are sufficient facts to prove the
    allegation
         Finding the facts
• Have any of the facts been admitted?
• Identify which facts are in dispute
• What is the evidence concerning the
 factual disputes?
   Decision making process:
1. Determine whether the allegation is
   factually proven
2. If the allegation is true, does it
   constitute a breach of the Code of
   Conduct?
Decision maker should only begin
to write reasons after engaging in
    decision-making process
     What elements should be
  included in a written decision?
• Review significant evidence
• Make any findings of fact that are important
• If credibility is an issue, need to make a
  specific finding with respect to credibility
• Address the substantial arguments raised by
  the parties
• Disclose the reasoning process engaged in
 Structure for written reasons
• No magic formula - many different
 styles will be acceptable
 Example of suggested format
1. Introduction - who, what, where
2. Allegations - be specific
3. Preliminary matters - reasons should outline any
     issues raised by parties, i.e. request for an
     adjournment, conflict of interest, etc.
4.   Evidence - review key evidence
5.   Submissions - briefly review any submissions made
     by the parties
6.   Findings - analyze evidence
7.   Penalty - identify penalty that will be imposed
Hypothetical Scenario

								
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